The Austrian Embassy have recently renewed the request that Canada accede to the State Treaty which ended the four-power occupation of Austria. We have reviewed the situation and Ithink that we should now accede to the Treaty.

2. The Austrian State Treaty was negotiated between Austria, the United States, the Soviet Union, the United Kingdom, and France. Other countries were not consulted. Provision was made, however, for the accession of others and since the Treaty is the foundation for the re-establishment of Austria as a sovereign state, Austria has been anxious for friendly countries to accede. So far, only Poland, Roumania, Czechoslovakia and Yugoslavia of the Eastern Bloc and Mexico and Brazil from the West have done so. The Austrians feel embarrassed by the failure of other Western countries to accede and thus at least to balance the adherence of the Eastern European governments.

3. Apart from the right to take part in any negotiations to alter the Treaty, countries which accede do not acquire any particular privileges. On the other hand, accession would not increase our obligations to Austria. Under Article 2 we would be required to respect the independence and territorial integrity of Austria but would have no obligation exceeding that which flows from common membership in the United Nations. Austrian neutrality was established by Austrian national action subsequent to, and admittedly as a condition of, the re-establishment of Austrian independence. It is not a provision of the Treaty and therefore accession does not create any obligation in regard to its preservation.

4. Our accession would therefore be primarily a gesture of friendship and sympathy for Austria. It should establish a better basis for Canadian-Austrian relations and especially if our action were followed by other Western countries, as would seem quite possible, it would tend to strengthen the Austrian sentiment of belonging with the West. While scrupulously adhering to its undertaking to be militarily neutral, Austria has demonstrated its adherence to Western ideals as, for example, in giving assistance to Hungarian refugees in the face of Soviet threats.

5. When Canadian accession was last considered in 1956, our decision was to take action as soon as Belgium and at least one other Western European country was ready to accede. We have now consulted with the governments of Belgium, the Netherlands and Norway to determine their present positions. All three are prepared in principle to accede at a time appropriate to their national interests and believe accession to be desirable on political grounds. However, each of the three is delaying its accession pending satisfactory conclusion of bilateral discussions with Austria on financial claims. All three governments have stated specifically that Canadian accession at this time would not prejudice their negotiations with Austria. These negotiations, which appear to be proceeding at a leisurely pace, are exclusively in the domain of the national interests of the countries concerned and do not affect Austro-Canadian affairs nor the international position of Austria.

6. Austro-Canadian relations are established on a regular and friendly basis and we maintain our contacts through our respective Ambassadors and in the United Nations. There is therefore no valid argument for withholding accession to the Treaty, which is the foundation for Austria's existence which we have thus recognized.

7. The Canadian constitutional requirements are under study. A preliminary view is that accession can be legally accomplished by executive act and precedents suggest a reference to Parliament by presenting a resolution to support the government's decision to accede or by tabling the Instrument of Accession. Legislation is not believed to be necessary. The Department of Justice is being asked to confirm.

8. I should like to propose that the government decide in principle to accede and when the opinion of the Department of Justice is available, determine the method by which this would be accomplished. The matter is not one of great public interest and you may feel that it would suffice to table the Instrument when Parliament next meets. On the other hand, a parliamentary resolution might enhance the value of our action as a public gesture of friendship and solidarity with Austria.

9. The Austrian Foreign Minister, who mentioned this question to you last year in New York, is likely to raise it again when he sees you at the time of the General Assembly. You might therefore like to be in a position to tell him that the question is under active study and that, subject to the determination of the constitutional requirements, you hope shortly to recommend to the government immediate accession. You might wish to say that you do not contemplate that Canadian action would be conditional on similar action by other Western powers (the Austrians are aware that this was a condition of the previous decision) but would be decided on the basis of the Canadian considerations involved.

10. If you agree that a decision in principle to accede should now be taken, Isuggest that, before the formal act is carried out, we inform Australia, New Zealand and South Africa of our intention, to give them the opportunity of taking similar action if they so wish. These countries were consulted at the official level in 1956 and expressed an interest in the opportunity to co-ordinate their action on accession with ours. Iwould not suggest, however, that Canadian accession be conditional on a positive decision by these countries.¹⁷

J. L[ÉGER]

¹⁷ Note marginale:/Marginal note:
OK Sidney Smith